Illinois General Assembly - Full Text of SB2034
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Full Text of SB2034  100th General Assembly


Rep. Elgie R. Sims, Jr.

Filed: 5/29/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 2034 by replacing
3everything after the enacting clause with the following:

5    Section 1-1. This Article 1 may be referred to as the Bail
6Reform Act of 2017.
7    Section 1-3. Legislative findings.
8    The General Assembly recognizes that the promotion of
9public safety and protection of crime victim rights are 2 of
10the main focuses of our State's criminal justice system; it
11further acknowledges that protecting the rights of the accused
12is central to the integrity of our State's criminal justice
13system. With these focuses in mind, this amendatory Act of the
14100th General Assembly establishes the Bail Reform Act of 2017
15for the citizens of this State, in recognition that the



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1decision-making behind pre-trial release shall not focus on a
2person's wealth and ability to afford monetary bail but shall
3instead focus on a person's threat to public safety or risk of
4failure to appear before a court of appropriate jurisdiction.
5    Section 1-5. The Criminal Code of 2012 is amended by
6changing Section 33G-9 as follows:
7    (720 ILCS 5/33G-9)
8    (Section scheduled to be repealed on June 11, 2017)
9    Sec. 33G-9. Repeal. This Article is repealed on June 11,
102022 5 years after it becomes law.
11(Source: P.A. 97-686, eff. 6-11-12.)
12    Section 1-10. The Code of Criminal Procedure of 1963 is
13amended by changing Sections 109-1, 110-5, 110-6, and 110-14 by
14adding Sections 102-7.1, 102-7.2, and 110-6.4 as follows:
15    (725 ILCS 5/102-7.1 new)
16    Sec. 102-7.1. "Category A offense".
17    "Category A offense" means a Class 2 felony, Class X
18felony, first degree murder, a violation of Section 11-204 of
19the Illinois Vehicle Code, a second or subsequent violation of
20Section 11-501 of the Illinois Vehicle Code, a violation of
21subsection (d) of Section 11-501 of the Illinois Vehicle Code,
22a violation of Section 11-401 of the Illinois Vehicle Code if



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1the accident results in injury and the person failed to report
2the accident within 30 minutes, a violation of Section 9-3,
39-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
411-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
512-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.5, 24-3,
625-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
7subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
8of 2012, a violation of paragraph (5) or (6) of subsection (b)
9of Section 10-9 of the Criminal Code of 2012, a violation of
10subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
11of Section 11-1.50 of the Criminal Code of 2012, a violation of
12Section 12-7 of the Criminal Code of 2012 if the defendant
13inflicts bodily harm on the victim to obtain a confession,
14statement, or information, a violation of Section 12-7.5 of the
15Criminal Code of 2012 if the action results in bodily harm, a
16violation of paragraph (3) of subsection (b) of Section 17-2 of
17the Criminal Code of 2012, a violation of subdivision
18(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
19violation of paragraph (6) of subsection (a) of Section 24-1 of
20the Criminal Code of 2012, or a violation of Section 10 of the
21Sex Offender Registration Act.
22    (725 ILCS 5/102-7.2 new)
23    Sec. 102-7.2. "Category B offense".
24    "Category B offense" means a business offense, petty
25offense, Class C misdemeanor, Class B misdemeanor, Class A



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1misdemeanor, Class 3 felony, or Class 4 felony, which is not
2specified in Category A.
3    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
4    Sec. 109-1. Person arrested.
5    (a) A person arrested with or without a warrant shall be
6taken without unnecessary delay before the nearest and most
7accessible judge in that county, except when such county is a
8participant in a regional jail authority, in which event such
9person may be taken to the nearest and most accessible judge,
10irrespective of the county where such judge presides, and a
11charge shall be filed. Whenever a person arrested either with
12or without a warrant is required to be taken before a judge, a
13charge may be filed against such person by way of a two-way
14closed circuit television system, except that a hearing to deny
15bail to the defendant may not be conducted by way of closed
16circuit television.
17    (a-5) A person charged with an offense shall be allowed
18counsel at the hearing at which bail is determined under
19Article 110 of this Code. If the defendant desires counsel for
20his or her initial appearance but is unable to obtain counsel,
21the court shall appoint a public defender or licensed attorney
22at law of this State to represent him or her for purposes of
23that hearing.
24    (b) The judge shall:
25        (1) Inform the defendant of the charge against him and



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1    shall provide him with a copy of the charge;
2        (2) Advise the defendant of his right to counsel and if
3    indigent shall appoint a public defender or licensed
4    attorney at law of this State to represent him in
5    accordance with the provisions of Section 113-3 of this
6    Code;
7        (3) Schedule a preliminary hearing in appropriate
8    cases;
9        (4) Admit the defendant to bail in accordance with the
10    provisions of Article 110 of this Code; and
11        (5) Order the confiscation of the person's passport or
12    impose travel restrictions on a defendant arrested for
13    first degree murder or other violent crime as defined in
14    Section 3 of the Rights of Crime Victims and Witnesses Act,
15    if the judge determines, based on the factors in Section
16    110-5 of this Code, that this will reasonably ensure the
17    appearance of the defendant and compliance by the defendant
18    with all conditions of release.
19    (c) The court may issue an order of protection in
20accordance with the provisions of Article 112A of this Code.
21    (d) At the initial appearance of a defendant in any
22criminal proceeding, the court must advise the defendant in
23open court that any foreign national who is arrested or
24detained has the right to have notice of the arrest or
25detention given to his or her country's consular
26representatives and the right to communicate with those



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1consular representatives if the notice has not already been
2provided. The court must make a written record of so advising
3the defendant.
4    (e) If consular notification is not provided to a defendant
5before his or her first appearance in court, the court shall
6grant any reasonable request for a continuance of the
7proceedings to allow contact with the defendant's consulate.
8Any delay caused by the granting of the request by a defendant
9shall temporarily suspend for the time of the delay the period
10within which a person shall be tried as prescribed by
11subsections (a), (b), or (e) of Section 103-5 of this Code and
12on the day of the expiration of delay the period shall continue
13at the point at which it was suspended.
14(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
15eff. 1-1-16.)
16    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
17    Sec. 110-5. Determining the amount of bail and conditions
18of release.
19    (a) In determining the amount of monetary bail or
20conditions of release, if any, which will reasonably assure the
21appearance of a defendant as required or the safety of any
22other person or the community and the likelihood of compliance
23by the defendant with all the conditions of bail, the court
24shall, on the basis of available information, take into account
25such matters as the nature and circumstances of the offense



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1charged, whether the evidence shows that as part of the offense
2there was a use of violence or threatened use of violence,
3whether the offense involved corruption of public officials or
4employees, whether there was physical harm or threats of
5physical harm to any public official, public employee, judge,
6prosecutor, juror or witness, senior citizen, child, or person
7with a disability, whether evidence shows that during the
8offense or during the arrest the defendant possessed or used a
9firearm, machine gun, explosive or metal piercing ammunition or
10explosive bomb device or any military or paramilitary armament,
11whether the evidence shows that the offense committed was
12related to or in furtherance of the criminal activities of an
13organized gang or was motivated by the defendant's membership
14in or allegiance to an organized gang, the condition of the
15victim, any written statement submitted by the victim or
16proffer or representation by the State regarding the impact
17which the alleged criminal conduct has had on the victim and
18the victim's concern, if any, with further contact with the
19defendant if released on bail, whether the offense was based on
20racial, religious, sexual orientation or ethnic hatred, the
21likelihood of the filing of a greater charge, the likelihood of
22conviction, the sentence applicable upon conviction, the
23weight of the evidence against such defendant, whether there
24exists motivation or ability to flee, whether there is any
25verification as to prior residence, education, or family ties
26in the local jurisdiction, in another county, state or foreign



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1country, the defendant's employment, financial resources,
2character and mental condition, past conduct, prior use of
3alias names or dates of birth, and length of residence in the
4community, the consent of the defendant to periodic drug
5testing in accordance with Section 110-6.5, whether a foreign
6national defendant is lawfully admitted in the United States of
7America, whether the government of the foreign national
8maintains an extradition treaty with the United States by which
9the foreign government will extradite to the United States its
10national for a trial for a crime allegedly committed in the
11United States, whether the defendant is currently subject to
12deportation or exclusion under the immigration laws of the
13United States, whether the defendant, although a United States
14citizen, is considered under the law of any foreign state a
15national of that state for the purposes of extradition or
16non-extradition to the United States, the amount of unrecovered
17proceeds lost as a result of the alleged offense, the source of
18bail funds tendered or sought to be tendered for bail, whether
19from the totality of the court's consideration, the loss of
20funds posted or sought to be posted for bail will not deter the
21defendant from flight, whether the evidence shows that the
22defendant is engaged in significant possession, manufacture,
23or delivery of a controlled substance or cannabis, either
24individually or in consort with others, whether at the time of
25the offense charged he or she was on bond or pre-trial release
26pending trial, probation, periodic imprisonment or conditional



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1discharge pursuant to this Code or the comparable Code of any
2other state or federal jurisdiction, whether the defendant is
3on bond or pre-trial release pending the imposition or
4execution of sentence or appeal of sentence for any offense
5under the laws of Illinois or any other state or federal
6jurisdiction, whether the defendant is under parole, aftercare
7release, mandatory supervised release, or work release from the
8Illinois Department of Corrections or Illinois Department of
9Juvenile Justice or any penal institution or corrections
10department of any state or federal jurisdiction, the
11defendant's record of convictions, whether the defendant has
12been convicted of a misdemeanor or ordinance offense in
13Illinois or similar offense in other state or federal
14jurisdiction within the 10 years preceding the current charge
15or convicted of a felony in Illinois, whether the defendant was
16convicted of an offense in another state or federal
17jurisdiction that would be a felony if committed in Illinois
18within the 20 years preceding the current charge or has been
19convicted of such felony and released from the penitentiary
20within 20 years preceding the current charge if a penitentiary
21sentence was imposed in Illinois or other state or federal
22jurisdiction, the defendant's records of juvenile adjudication
23of delinquency in any jurisdiction, any record of appearance or
24failure to appear by the defendant at court proceedings,
25whether there was flight to avoid arrest or prosecution,
26whether the defendant escaped or attempted to escape to avoid



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1arrest, whether the defendant refused to identify himself or
2herself, or whether there was a refusal by the defendant to be
3fingerprinted as required by law. Information used by the court
4in its findings or stated in or offered in connection with this
5Section may be by way of proffer based upon reliable
6information offered by the State or defendant. All evidence
7shall be admissible if it is relevant and reliable regardless
8of whether it would be admissible under the rules of evidence
9applicable at criminal trials. If the State presents evidence
10that the offense committed by the defendant was related to or
11in furtherance of the criminal activities of an organized gang
12or was motivated by the defendant's membership in or allegiance
13to an organized gang, and if the court determines that the
14evidence may be substantiated, the court shall prohibit the
15defendant from associating with other members of the organized
16gang as a condition of bail or release. For the purposes of
17this Section, "organized gang" has the meaning ascribed to it
18in Section 10 of the Illinois Streetgang Terrorism Omnibus
19Prevention Act.
20    (a-5) There shall be a presumption that any conditions of
21release imposed shall be non-monetary in nature and the court
22shall impose the least restrictive conditions or combination of
23conditions necessary to reasonably assure the appearance of the
24defendant for further court proceedings and protect the
25integrity of the judicial proceedings from a specific threat to
26a witness or participant. Conditions of release may include,



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1but not be limited to, electronic home monitoring, curfews,
2drug counseling, stay-away orders, and in-person reporting.
3The court shall consider the defendant's socio-economic
4circumstance when setting conditions of release or imposing
5monetary bail.
6    (b) The amount of bail shall be:
7        (1) Sufficient to assure compliance with the
8    conditions set forth in the bail bond, which shall include
9    the defendant's current address with a written
10    admonishment to the defendant that he or she must comply
11    with the provisions of Section 110-12 regarding any change
12    in his or her address. The defendant's address shall at all
13    times remain a matter of public record with the clerk of
14    the court.
15        (2) Not oppressive.
16        (3) Considerate of the financial ability of the
17    accused.
18        (4) When a person is charged with a drug related
19    offense involving possession or delivery of cannabis or
20    possession or delivery of a controlled substance as defined
21    in the Cannabis Control Act, the Illinois Controlled
22    Substances Act, or the Methamphetamine Control and
23    Community Protection Act, the full street value of the
24    drugs seized shall be considered. "Street value" shall be
25    determined by the court on the basis of a proffer by the
26    State based upon reliable information of a law enforcement



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1    official contained in a written report as to the amount
2    seized and such proffer may be used by the court as to the
3    current street value of the smallest unit of the drug
4    seized.
5    (b-5) Upon the filing of a written request demonstrating
6reasonable cause, the State's Attorney may request a source of
7bail hearing either before or after the posting of any funds.
8If the hearing is granted, before the posting of any bail, the
9accused must file a written notice requesting that the court
10conduct a source of bail hearing. The notice must be
11accompanied by justifying affidavits stating the legitimate
12and lawful source of funds for bail. At the hearing, the court
13shall inquire into any matters stated in any justifying
14affidavits, and may also inquire into matters appropriate to
15the determination which shall include, but are not limited to,
16the following:
17        (1) the background, character, reputation, and
18    relationship to the accused of any surety; and
19        (2) the source of any money or property deposited by
20    any surety, and whether any such money or property
21    constitutes the fruits of criminal or unlawful conduct; and
22        (3) the source of any money posted as cash bail, and
23    whether any such money constitutes the fruits of criminal
24    or unlawful conduct; and
25        (4) the background, character, reputation, and
26    relationship to the accused of the person posting cash



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1    bail.
2    Upon setting the hearing, the court shall examine, under
3oath, any persons who may possess material information.
4    The State's Attorney has a right to attend the hearing, to
5call witnesses and to examine any witness in the proceeding.
6The court shall, upon request of the State's Attorney, continue
7the proceedings for a reasonable period to allow the State's
8Attorney to investigate the matter raised in any testimony or
9affidavit. If the hearing is granted after the accused has
10posted bail, the court shall conduct a hearing consistent with
11this subsection (b-5). At the conclusion of the hearing, the
12court must issue an order either approving of disapproving the
14    (c) When a person is charged with an offense punishable by
15fine only the amount of the bail shall not exceed double the
16amount of the maximum penalty.
17    (d) When a person has been convicted of an offense and only
18a fine has been imposed the amount of the bail shall not exceed
19double the amount of the fine.
20    (e) The State may appeal any order granting bail or setting
21a given amount for bail.
22    (f) When a person is charged with a violation of an order
23of protection under Section 12-3.4 or 12-30 of the Criminal
24Code of 1961 or the Criminal Code of 2012 or when a person is
25charged with domestic battery, aggravated domestic battery,
26kidnapping, aggravated kidnaping, unlawful restraint,



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1aggravated unlawful restraint, stalking, aggravated stalking,
2cyberstalking, harassment by telephone, harassment through
3electronic communications, or an attempt to commit first degree
4murder committed against an intimate partner regardless
5whether an order of protection has been issued against the
7        (1) whether the alleged incident involved harassment
8    or abuse, as defined in the Illinois Domestic Violence Act
9    of 1986;
10        (2) whether the person has a history of domestic
11    violence, as defined in the Illinois Domestic Violence Act,
12    or a history of other criminal acts;
13        (3) based on the mental health of the person;
14        (4) whether the person has a history of violating the
15    orders of any court or governmental entity;
16        (5) whether the person has been, or is, potentially a
17    threat to any other person;
18        (6) whether the person has access to deadly weapons or
19    a history of using deadly weapons;
20        (7) whether the person has a history of abusing alcohol
21    or any controlled substance;
22        (8) based on the severity of the alleged incident that
23    is the basis of the alleged offense, including, but not
24    limited to, the duration of the current incident, and
25    whether the alleged incident involved the use of a weapon,
26    physical injury, sexual assault, strangulation, abuse



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1    during the alleged victim's pregnancy, abuse of pets, or
2    forcible entry to gain access to the alleged victim;
3        (9) whether a separation of the person from the alleged
4    victim or a termination of the relationship between the
5    person and the alleged victim has recently occurred or is
6    pending;
7        (10) whether the person has exhibited obsessive or
8    controlling behaviors toward the alleged victim,
9    including, but not limited to, stalking, surveillance, or
10    isolation of the alleged victim or victim's family member
11    or members;
12        (11) whether the person has expressed suicidal or
13    homicidal ideations;
14        (12) based on any information contained in the
15    complaint and any police reports, affidavits, or other
16    documents accompanying the complaint,
17the court may, in its discretion, order the respondent to
18undergo a risk assessment evaluation using a recognized,
19evidence-based instrument conducted by an Illinois Department
20of Human Services approved partner abuse intervention program
21provider, pretrial service, probation, or parole agency. These
22agencies shall have access to summaries of the defendant's
23criminal history, which shall not include victim interviews or
24information, for the risk evaluation. Based on the information
25collected from the 12 points to be considered at a bail hearing
26under this subsection (f), the results of any risk evaluation



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1conducted and the other circumstances of the violation, the
2court may order that the person, as a condition of bail, be
3placed under electronic surveillance as provided in Section
45-8A-7 of the Unified Code of Corrections. Upon making a
5determination whether or not to order the respondent to undergo
6a risk assessment evaluation or to be placed under electronic
7surveillance and risk assessment, the court shall document in
8the record the court's reasons for making those determinations.
9The cost of the electronic surveillance and risk assessment
10shall be paid by, or on behalf, of the defendant. As used in
11this subsection (f), "intimate partner" means a spouse or a
12current or former partner in a cohabitation or dating
14(Source: P.A. 98-558, eff. 1-1-14; 98-1012, eff. 1-1-15;
1599-143, eff. 7-27-15.)
16    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
17    Sec. 110-6. Modification of bail or conditions.
18    (a) Upon verified application by the State or the defendant
19or on its own motion the court before which the proceeding is
20pending may increase or reduce the amount of bail or may alter
21the conditions of the bail bond or grant bail where it has been
22previously revoked or denied. If bail has been previously
23revoked pursuant to subsection (f) of this Section or if bail
24has been denied to the defendant pursuant to subsection (e) of
25Section 110-6.1 or subsection (e) of Section 110-6.3, the



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1defendant shall be required to present a verified application
2setting forth in detail any new facts not known or obtainable
3at the time of the previous revocation or denial of bail
4proceedings. If the court grants bail where it has been
5previously revoked or denied, the court shall state on the
6record of the proceedings the findings of facts and conclusion
7of law upon which such order is based.
8    (a-5) In addition to any other available motion or
9procedure under this Code, a person in custody for a Category B
10offense due to an inability to post monetary bail shall be
11brought before the court at the next available court date or 7
12calendar days from the date bail was set, whichever is earlier,
13for a rehearing on the amount or conditions of bail or release
14pending further court proceedings. The court may reconsider
15conditions of release for any other person who's inability to
16post monetary bail is the sole reason for continued
17incarceration, including a person in custody for a Category A
19    (b) Violation of the conditions of Section 110-10 of this
20Code or any special conditions of bail as ordered by the court
21shall constitute grounds for the court to increase the amount
22of bail, or otherwise alter the conditions of bail, or, where
23the alleged offense committed on bail is a forcible felony in
24Illinois or a Class 2 or greater offense under the Illinois
25Controlled Substances Act, the Cannabis Control Act, or the
26Methamphetamine Control and Community Protection Act, revoke



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1bail pursuant to the appropriate provisions of subsection (e)
2of this Section.
3    (c) Reasonable notice of such application by the defendant
4shall be given to the State.
5    (d) Reasonable notice of such application by the State
6shall be given to the defendant, except as provided in
7subsection (e).
8    (e) Upon verified application by the State stating facts or
9circumstances constituting a violation or a threatened
10violation of any of the conditions of the bail bond the court
11may issue a warrant commanding any peace officer to bring the
12defendant without unnecessary delay before the court for a
13hearing on the matters set forth in the application. If the
14actual court before which the proceeding is pending is absent
15or otherwise unavailable another court may issue a warrant
16pursuant to this Section. When the defendant is charged with a
17felony offense and while free on bail is charged with a
18subsequent felony offense and is the subject of a proceeding
19set forth in Section 109-1 or 109-3 of this Code, upon the
20filing of a verified petition by the State alleging a violation
21of Section 110-10 (a) (4) of this Code, the court shall without
22prior notice to the defendant, grant leave to file such
23application and shall order the transfer of the defendant and
24the application without unnecessary delay to the court before
25which the previous felony matter is pending for a hearing as
26provided in subsection (b) or this subsection of this Section.



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1The defendant shall be held without bond pending transfer to
2and a hearing before such court. At the conclusion of the
3hearing based on a violation of the conditions of Section
4110-10 of this Code or any special conditions of bail as
5ordered by the court the court may enter an order increasing
6the amount of bail or alter the conditions of bail as deemed
8    (f) Where the alleged violation consists of the violation
9of one or more felony statutes of any jurisdiction which would
10be a forcible felony in Illinois or a Class 2 or greater
11offense under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act and the defendant is on bail for the
14alleged commission of a felony, or where the defendant is on
15bail for a felony domestic battery (enhanced pursuant to
16subsection (b) of Section 12-3.2 of the Criminal Code of 1961
17or the Criminal Code of 2012), aggravated domestic battery,
18aggravated battery, unlawful restraint, aggravated unlawful
19restraint or domestic battery in violation of item (1) of
20subsection (a) of Section 12-3.2 of the Criminal Code of 1961
21or the Criminal Code of 2012 against a family or household
22member as defined in Section 112A-3 of this Code and the
23violation is an offense of domestic battery against the same
24victim the court shall, on the motion of the State or its own
25motion, revoke bail in accordance with the following



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1        (1) The court shall hold the defendant without bail
2    pending the hearing on the alleged breach; however, if the
3    defendant is not admitted to bail the hearing shall be
4    commenced within 10 days from the date the defendant is
5    taken into custody or the defendant may not be held any
6    longer without bail, unless delay is occasioned by the
7    defendant. Where defendant occasions the delay, the
8    running of the 10 day period is temporarily suspended and
9    resumes at the termination of the period of delay. Where
10    defendant occasions the delay with 5 or fewer days
11    remaining in the 10 day period, the court may grant a
12    period of up to 5 additional days to the State for good
13    cause shown. The State, however, shall retain the right to
14    proceed to hearing on the alleged violation at any time,
15    upon reasonable notice to the defendant and the court.
16        (2) At a hearing on the alleged violation the State has
17    the burden of going forward and proving the violation by
18    clear and convincing evidence. The evidence shall be
19    presented in open court with the opportunity to testify, to
20    present witnesses in his behalf, and to cross-examine
21    witnesses if any are called by the State, and
22    representation by counsel and if the defendant is indigent
23    to have counsel appointed for him. The rules of evidence
24    applicable in criminal trials in this State shall not
25    govern the admissibility of evidence at such hearing.
26    Information used by the court in its findings or stated in



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1    or offered in connection with hearings for increase or
2    revocation of bail may be by way of proffer based upon
3    reliable information offered by the State or defendant. All
4    evidence shall be admissible if it is relevant and reliable
5    regardless of whether it would be admissible under the
6    rules of evidence applicable at criminal trials. A motion
7    by the defendant to suppress evidence or to suppress a
8    confession shall not be entertained at such a hearing.
9    Evidence that proof may have been obtained as a result of
10    an unlawful search and seizure or through improper
11    interrogation is not relevant to this hearing.
12        (3) Upon a finding by the court that the State has
13    established by clear and convincing evidence that the
14    defendant has committed a forcible felony or a Class 2 or
15    greater offense under the Illinois Controlled Substances
16    Act, the Cannabis Control Act, or the Methamphetamine
17    Control and Community Protection Act while admitted to
18    bail, or where the defendant is on bail for a felony
19    domestic battery (enhanced pursuant to subsection (b) of
20    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
21    Code of 2012), aggravated domestic battery, aggravated
22    battery, unlawful restraint, aggravated unlawful restraint
23    or domestic battery in violation of item (1) of subsection
24    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 against a family or household member
26    as defined in Section 112A-3 of this Code and the violation



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1    is an offense of domestic battery, against the same victim,
2    the court shall revoke the bail of the defendant and hold
3    the defendant for trial without bail. Neither the finding
4    of the court nor any transcript or other record of the
5    hearing shall be admissible in the State's case in chief,
6    but shall be admissible for impeachment, or as provided in
7    Section 115-10.1 of this Code or in a perjury proceeding.
8        (4) If the bail of any defendant is revoked pursuant to
9    paragraph (f) (3) of this Section, the defendant may demand
10    and shall be entitled to be brought to trial on the offense
11    with respect to which he was formerly released on bail
12    within 90 days after the date on which his bail was
13    revoked. If the defendant is not brought to trial within
14    the 90 day period required by the preceding sentence, he
15    shall not be held longer without bail. In computing the 90
16    day period, the court shall omit any period of delay
17    resulting from a continuance granted at the request of the
18    defendant.
19        (5) If the defendant either is arrested on a warrant
20    issued pursuant to this Code or is arrested for an
21    unrelated offense and it is subsequently discovered that
22    the defendant is a subject of another warrant or warrants
23    issued pursuant to this Code, the defendant shall be
24    transferred promptly to the court which issued such
25    warrant. If, however, the defendant appears initially
26    before a court other than the court which issued such



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1    warrant, the non-issuing court shall not alter the amount
2    of bail heretofore set on such warrant unless the court
3    sets forth on the record of proceedings the conclusions of
4    law and facts which are the basis for such altering of
5    another court's bond. The non-issuing court shall not alter
6    another courts bail set on a warrant unless the interests
7    of justice and public safety are served by such action.
8    (g) The State may appeal any order where the court has
9increased or reduced the amount of bail or altered the
10conditions of the bail bond or granted bail where it has
11previously been revoked.
12(Source: P.A. 97-1150, eff. 1-25-13.)
13    (725 ILCS 5/110-6.4 new)
14    Sec. 110-6.4. Statewide risk assessment tool.
15    The Supreme Court may establish a statewide
16risk-assessment tool to be used in proceedings to assist the
17court in establishing bail for a defendant by assessing the
18defendant's likelihood of appearing at future court
19proceedings or determining if the defendant poses a real and
20present threat to the physical safety of any person or persons.
21The Supreme Court shall consider establishing a
22risk-assessment tool that does not discriminate on the basis of
23race, gender, educational level, socio-economic status, or
24neighborhood. If a risk assessment tool is utilized within a
25circuit that does not require a personal interview to be



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1completed, the Chief Judge of the circuit or the Director of
2the Pre-trial Services Agency may exempt the requirement under
3Section 9 and subsection (a) of Section 7 of the Pretrial
4Services Act.
5    For the purpose of this Section, "risk assessment tool"
6means an empirically validated, evidence-based screening
7instrument that demonstrates reduced instances of a
8defendant's failure to appear for further court proceedings or
9prevents future criminal activity.
10    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
11    Sec. 110-14. Credit for incarceration on bailable offense;
12credit against monetary bail for certain offenses
13Incarceration on Bailable Offense.
14    (a) Any person incarcerated on a bailable offense who does
15not supply bail and against whom a fine is levied on conviction
16of the such offense shall be allowed a credit of $5 for each
17day so incarcerated upon application of the defendant. However,
18in no case shall the amount so allowed or credited exceed the
19amount of the fine.
20    (b) Subsection (a) does not apply to a person incarcerated
21for sexual assault as defined in paragraph (1) of subsection
22(a) of Section 5-9-1.7 of the Unified Code of Corrections.
23    (c) A person subject to bail on a Category B offense shall
24have $30 deducted from his or her monetary bail every day the
25person is incarcerated.



10000SB2034ham001- 25 -LRB100 08699 RLC 27306 a

1(Source: P.A. 93-699, eff. 1-1-05.)

3    Section 5-5. The Criminal Code of 2012 is amended by
4changing Section 12-9 as follows:
5    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
6    Sec. 12-9. Threatening public officials; human service
8    (a) A person commits threatening a public official or human
9service provider when:
10        (1) that person knowingly delivers or conveys,
11    directly or indirectly, to a public official or human
12    service provider by any means a communication:
13            (i) containing a threat that would place the public
14        official or human service provider or a member of his
15        or her immediate family in reasonable apprehension of
16        immediate or future bodily harm, sexual assault,
17        confinement, or restraint; or
18            (ii) containing a threat that would place the
19        public official or human service provider or a member
20        of his or her immediate family in reasonable
21        apprehension that damage will occur to property in the
22        custody, care, or control of the public official or his
23        or her immediate family; and



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1        (2) the threat was conveyed because of the performance
2    or nonperformance of some public duty or duty as a human
3    service provider, because of hostility of the person making
4    the threat toward the status or position of the public
5    official or the human service provider, or because of any
6    other factor related to the official's public existence.
7    (a-5) For purposes of a threat to a sworn law enforcement
8officer, the threat must contain specific facts indicative of a
9unique threat to the person, family or property of the officer
10and not a generalized threat of harm.
11    (a-6) For purposes of a threat to a social worker,
12caseworker, investigator, or human service provider, the
13threat must contain specific facts indicative of a unique
14threat to the person, family or property of the individual and
15not a generalized threat of harm.
16    (b) For purposes of this Section:
17        (1) "Public official" means a person who is elected to
18    office in accordance with a statute or who is appointed to
19    an office which is established, and the qualifications and
20    duties of which are prescribed, by statute, to discharge a
21    public duty for the State or any of its political
22    subdivisions or in the case of an elective office any
23    person who has filed the required documents for nomination
24    or election to such office. "Public official" includes a
25    duly appointed assistant State's Attorney, assistant
26    Attorney General, or Appellate Prosecutor; a sworn law



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1    enforcement or peace officer; a social worker, caseworker,
2    attorney, or investigator employed by the Department of
3    Healthcare and Family Services, the Department of Human
4    Services, or the Department of Children and Family
5    Services, or the Guardianship and Advocacy Commission; or
6    an assistant public guardian, attorney, social worker,
7    case manager, or investigator employed by a duly appointed
8    public guardian.
9        (1.5) "Human service provider" means a social worker,
10    case worker, or investigator employed by an agency or
11    organization providing social work, case work, or
12    investigative services under a contract with or a grant
13    from the Department of Human Services, the Department of
14    Children and Family Services, the Department of Healthcare
15    and Family Services, or the Department on Aging.
16        (2) "Immediate family" means a public official's
17    spouse or child or children.
18    (c) Threatening a public official or human service provider
19is a Class 3 felony for a first offense and a Class 2 felony for
20a second or subsequent offense.
21(Source: P.A. 97-1079, eff. 1-1-13; 98-529, eff. 1-1-14.)

23    Section 99-99. Effective date. This Section and Section 1-5
24take effect upon becoming law.".